Shocking The Web CD-ROM/SHOCK_CD.ISO/pc/softdemo/macromed/backstg/data.z/License.txt

Text File | 1996-04-23 | 6.0 KB | 130 lines

Macromedia(r) Backstage Enterprise(tm) Studio
End-User Evaluation License Agreement

You may download and are licensed to use this software for evaluation
purposes, without charge, for sixty (60) days, at which time it will
cease to function.  Payment options and ordering details for the full
version of this software may be found in the file ORDER.TXT or on
Macromedia's Web Site, http://www.macromedia.com.

Please read this document carefully before proceeding.  This Agreement
licenses the software to you and contains warranty and liability
disclaimers.  By selecting the "Accept" button, you are confirming your
acceptance of the software and agreeing to become bound by the terms of
this Agreement.  If you do not wish to do so, select the "Do Not Accept"
button and do not download the software.

1. Definitions

(a)    "Macromedia Software" means the software program covered by
this Agreement, and all related updates supplied by Macromedia.

(b)    "Macromedia Product" means the Macromedia Software and the related
documentation and models and multimedia content (such as animation, sound
and graphics), and all related updates supplied by Macromedia.

2.    License.  This Agreement allows you to:

(a)    Use the Macromedia Software on a single computer.

(b)    Make one copy of the Macromedia Software in machine-readable form
solely for backup purposes.  You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original copy
of the Macromedia Software.

(c)    Certain rights are not granted under this Agreement, but may be
available under a separate agreement.  If you would like to enter into a
Site or Network License, please contact Macromedia.

3. Restrictions

You may not make or distribute copies of the Macromedia Product, or
electronically transfer the Macromedia Software from one computer to
another or over a network.
You may not decompile, reverse engineer, disassemble, or otherwise reduce
the Macromedia Software to a human-perceivable form.  You may not
modify, rent, resell for profit, distribute or create derivative works
based upon the Macromedia Software or any part thereof.  You will not
export or reexport, directly or indirectly, the Macromedia Product
into any country prohibited by the United States Export Administration
Act and the regulations thereunder.

4. Ownership

The foregoing license gives you limited rights to use the Macromedia
Software.  You do not become the owner of, and Macromedia retains
title to, the Macromedia Product, and all copies thereof.  All rights
not specifically granted in this Agreement, including Federal and
International Copyrights, are reserved by Macromedia.

5. Disclaimer of Warranty

(a)     This software is provided on an "as-is" basis, without any
warranty of any kind.  The entire risk of the quality and performance
of the software is yours.  MACROMEDIA DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IF APPLICABLE LAW IMPLIES
ANY WARRANTIES WITH RESPECT TO THE MACROMEDIA PRODUCT, ALL SUCH WARRANTIES
ARE LIMITED IN DURATION AS SET FORTH ABOVE.  No oral or written information
or advice given by Macromedia, its dealers, distributors, agents or employees
shall create a warranty or in any way increase the scope of this warranty.

(b)    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.  The
limitations or exclusions of warranties and liability contained in this
agreement do not affect or prejudice the statutory rights of a consumer;
i.e., a person acquiring goods otherwise than in the course of a business.

6. Limitations of Damages

(a)    MACROMEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA
OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.  To the extent provided by applicable law, the foregoing
limitations of damages do not apply to damages for personal injury to you,
if any.

(b)    SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. Basis of Bargain

The limited warranty, exclusive remedies and limited liability set forth
above are fundamental elements of the basis of the bargain between
Macromedia and you.  Macromedia would not be able to provide the Macromedia
Software on an economic basis without such limitations.

8. Government End Users

The Macromedia Product is "Restricted Computer Software."

RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013.  Manufacturer:  Macromedia,
Inc., 600 Townsend, San Francisco, CA 94103

9. General

This Agreement shall be governed by the internal laws of the State of
California, USA.  This Agreement contains the complete agreement between
the parties with respect to the subject matter hereof, and supersedes all
prior or contemporaneous agreements or understandings, whether oral or
written.  All questions concerning this Agreement shall be directed to:
Macromedia, Inc., 600 Townsend, San Francisco, CA 94103, Attention:
Chief Financial Officer.

Macromedia is a registered trademark and Backstage Enterprise is a
trademark of Macromedia, Inc.
End-User License Agreement
Backstage Enterprise Studio (4/8/96)